Draft guidelines for the public on the Wrexham Council tree service

Wrexham Tree Strategy

2008-2013
Contents Page

A General tree management policy... ......3

B Tree inspection... ......4

C Pruning standards... ......5

D Nuisances associated with trees... ......6

Right to light, shade and a right to a view... ......6

Television reception...

Overhanging branches... ......7

Deposits from trees (honeydew, bird droppings etc)... ......8

E Damage to property... ....10

F Dangerous trees... ....12

G Health issues... ....13

H Wildlife protection... ....14

I Incident procedure... ....16

J Consultation... ....18


A General enquiry management policy

In all instances where we receive a complaint or enquiry, pruning or removal will always be considered. However where trees are not removed we will not carry out tree pruning considered to be detrimental to tree health or safety. In circumstances where a tree has been recently inspected a further inspection will not be necessary unless significant changes have occurred.

We accept full responsibility for our actions and decisions and in doing so accept that people may not always understand our reasons. We are always happy to explain the reasons for our actions. We recognise the long term benefits trees provide for the environment so our decisions will always be in the long term public interest.


B Tree inspections

What we are doing

Each time we are contacted and asked to inspect a tree we will always consider safety as the most important aspect of the assessment. The assessment entails a range of visual checks primarily aimed at identifying hazards that require some form of action before the next inspection takes place.

The main visual checks are for:

· Weaknesses within the tree

· Disease

· Obstructive branches or tree parts

· Wildlife habitat

We also take into account suitability of the species for the location, height and potential height, tree spread (canopy spread) visual appeal or contribution to the quality of the landscape and any effects the tree may have on those living close by.
C Pruning standards

All tree work we do will be in accordance with accepted arboricultural practice set out in Arboricultural British and European Standards and Guidelines.

MG1 Pruning

The public are encouraged to understand that the council is not required to prune trees

unless they are considered to be dangerous, are directly touching property or require

intervention for arboricultural purposes.

What we will avoid:

· 'Lopping', 'Topping' or pollarding of healthy trees unless they are to be managed as part of a hedge, managed for wildlife habitat or it is considered to be in the interests of the long term management of the tree.

· 'Siding up'. We will not remove one side of a tree or any amount of a tree that will drastically alter its visual appearance unless it is part of our statutory requirements or for arboricultural reasons.


D Nuisances

General

Just because a tree is referred to as a nuisance does not mean that it is in a legal sense, it may be more of an inconvenience to those living near by. The following information is based on the most common complaints about trees some of which are legally classed as a nuisance but still require no action from the council unless the criteria listed in the 'management guidance' (MG's) notes are present.


MG2 Light and TV reception

Cases will be assessed individually and trees will only be pruned in the following circumstances:

· Where it is considered that the work will not be detrimental to tree health, safety or visual appearance and work is within the constraints of accepted practice.

· Where trees are considered by Officers to be too close to buildings or are unsuitable for the location.

· Where there are exceptional circumstances when it is considered that pruning will help to improve quality of life for the complainant (for example someone housebound or with a visual impairment).

Overhanging branches

We accept that overhanging or encroaching tree branches can be seen as nuisance and legally they are classed as such. There is however, no legal requirement for the tree owner to prevent branches from overhanging or encroaching onto neighbouring property. We cannot ensure all of Wrexham's trees are clear of property but on request we will look into the situation and assess each case individually. It is also the complainants legal right to prune back overhanging branches back to the boundary and no further.

MG3 Overhanging branches

Overhanging branches will only be pruned if they are defective, dangerous or for the following reasons:

· If branches are below clearance heights of 2.4m for all situations other than for roads which is 5.2m.

· Where branches are physically touching property. Wherever Officers state trees or branches are inappropriately positioned and will cause long term problems (we will look to plant a new tree as mitigation in the following planting cycle).

Deposits from trees

It is accepted that trees dropping leaves or any other deposits associated with tree habitat can cause upset and annoyance to some people who see it as a nuisance. Examples of this kind of nuisance are:

Most of the above problems will occur at specific times of the year according to the seasonal conditions. For this reason we class most of these as natural occurrences which are part of daily life if we are to live in a society where greenery is an important landscape feature. Where deadwood or large branches are being shed onto property and it is within our ability to reasonably identify them we will remove them as part of our normal tree maintenance.

MG4 Complaints

We will investigate complaints or enquiries about deposits from trees but will take no action unless it is a significant and actionable legal nuisance with no alternative solutions or if pruning would be beneficial for arboricultural reasons.

MG5 Solutions

We will recommend alternative solutions such as car covers, relocation of parking

areas or covered parking areas for most common problems relating to deposits from trees.


E Damage to property

Without sufficient conclusive evidence from the complainant we will not fell or prune trees that are suspected of causing damage to dwellings or services. Examples of conclusive evidence are engineers reports or visual evidence of roots in drains on site. In some cases it may be necessary to get the views of a structural engineer or specialist before we take action.

Tree related subsidence

In order for a tree to contribute towards subsidence the soil needs to be a shrinkable clay. There are no records of shrinkable clay soils in the Borough therefore subsidence caused by trees growing in shrinkable clay soils is very unlikely to occur.

Drainage pipes and roots

Whilst tree roots are not thought to actively seek out water contained in underground pipes or drains, if they are growing in very close proximity they can gain access to weakened or cracked pipes eventually blocking them if there is enough water, nutrients and oxygen. By installing plastic, fibreglass or concrete drains, selecting suitable species and planting sensibly, the incidence of root damage can be reduced or avoided all together.

Footpath or general property damage

Where property or trees are poorly positioned, damage to roots and damage to property from roots can occur. This is usually seen by cracking or lifting of surfaces or structures. When planning to construct near to existing trees careful consideration should be made to avoid future problems. In some instances the damage can be repaired and alternative measures taken without pruning the tree but also in other situations tree pruning may be necessary in conjunction with repairs.


F Dangerous trees

Responsibility for trees lies with the land owner and the council has no responsibility for trees situated on private land. Trees can often be perceived as dangerous but in most instances they are healthy posing no danger. Trees grow to be flexible in average windy conditions and are thought to grow 4.5 times stronger than they need to be in relation to the conditions they are situated. When we receive a report of a dangerous tree in some cases officers may ask a few well placed questions helping them to determine if a tree is in need of an immediate inspection.

MG10 Trees falling on the highway

Trees falling into the highway will be cleared by us back to the highway boundary and all timber and branches will be placed back onto the land it came from.

MG11 Safety

We will take all steps necessary to make any imminently dangerous tree situation safe on the

same day or within 24 hours by either;

· Negotiating with private tree owners where they impact on council land or the highway

· Enforcing our statutory powers

· Carrying out the work ourselves, whichever is appropriate.


G Health Issues

Trees are sometimes implicated for increasing health problems like respiratory difficulties or can be said to have a negative effect on a persons mood due to depletion of light.


H Wildlife Protection

The Council has a number of responsibilities under British and European Law to protect wildlife. Before we carry out work to trees or hedges we are required to check for signs of wildlife to ensure that we do not cause any disturbance or any other negative impact.

MG15 Inspection of trees

Trees requiring pruning will be inspected for signs of bats, bat habitat and bird nests before any work is carried out.

MG16 Imminently dangerous trees

If signs of bats, birds or any other protected species are present and a tree poses an unacceptable imminent danger to the public we have to take action. Every effort will be made to retain habitat and if necessary it will be relocated as near as possible to the original site. We will then consult a specialist for further advice and contact the Countryside Council for Wales for guidance (CCW) if necessary.

MG17 Non imminently dangerous trees

Where bats or their habitat, bird nests or any other protected species are likely to exist and a tree requires pruning for safety reasons but the danger is not an immediate one to the public, we will delay works until it is safe to proceed or if necessary engage specialist consultants, liaising with the Countryside Council for Wales for guidance.

MG18 Discovery of protected species during tree works

Where bats or birds or other protected species are discovered (after previous checking has taken place) during tree work operations, all work will be stopped and the CCW contacted. Contractors and officers will then liaise with the CCW until suitable measures are in place and all parties are satisfied with the outcome.


I Incident Procedure

MG19 Procedure

In the event of an accident or incident relating to trees or our activities around trees leading to injury to the public, contractors or anyone else, the arboricultural service will carry out the following action as soon as is practicably possible:

· Attend the site and assess the situation following the on site Tree Inspection & Risk Assessment procedure and where appropriate the Emergency Tree Procedure.

· Where trees or tree parts have fallen and caused injury follow the Arboricultural incident report guidelines recording details about the trees condition and any factors which may have influenced the failure.

· If appropriate contact The Health and Safety Executive as required for the Reporting of Incidences, Diseases or Dangerous Occurrences Regulations.

· Follow the council corporate accident/incident reporting guidance.

· Report findings to Manager, Health and Safety and Personnel.


J Consultation

One of our 5 key aims is to involve and consult with the public as much as we can in order to give people a sense of ownership and value in what we do. Public consultation will come in various forms with the internet, local media and local councillors providing our main platforms to carry it out. Obviously there are times when this will not be appropriate due to the general low key nature of the work or its urgency in relation to public safety but where major changes to the tree population take place we want to keep the public informed.

MG20 Consultation

We will consult with the public prior to carrying out tree operations unless they are:

· A matter of imminent danger to the public requiring immediate action.

· In areas where public access will not be affected or where disruption will be minimal.

· Part of normal minor general maintenance associated with trees, for example removal of deadwood, removing low branches, statutory duties to clear highways and footways or replacing failed new trees.

· Trees of low amenity or wildlife value (generally small or poorly shaped trees) unsuitable for their location.

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